Performance By Statutory In Justified Act

Performance by statutory order is implicated in justified act, but in China's current penal theory it remains to be further improved, and the criminal legislation on it is also blank. Performance by statutory order contains a tremendous criminal value, and it has a particular tropism of value for the achievement of criminal justice. The article is divided into five main parts:1. The premise of the performance by statutory orderAs the premise of performance by statutory order, justified act is a very important criminal justice system. The value of it lies in its development of tolerance which is the basic spirit of modern criminal law. Concerning with the theoretical basis of correct act, there are three major proposals in the current criminal academia, they are"measuring in penal interests doctrine","purpose doctrine"and"social just doctrine". In view of the disadvantages of the latter two doctrines, we regard the practical measuring in penal interests as the theoretical basis of justified act. In the aspect of the act's denotation, there are legitimate defense doctrine, excluding social harmful conducts doctrine, ground for elimination of illegality doctrine, and justified act doctrine. Finally, we define justified act as the act which has caused the objective harmful consequences, conformed to the objective constitutive requirement of a certain crime, while had no infringement of penal interests because of its subjective just, therefore been tolerated by the whole spirit of lawful system, and prevented the establishment of a crime. According to different criterion, justified act can be divided into the normal and the emergent, the legitimate...